NOWELL v. GREAT ATLANTIC & PACIFIC TEA COMPANY

No. 451.

108 S.E.2d 889 (1959)

250 N.C. 575

William McKee NOWELL and wife, Sarah Blanche Nowell, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, a Corporation, and P. S. West Construction Company, Inc., a Corporation.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

James & Speight, W. C. Brewer, Jr., Greenville, for defendant P. S. West Construction Co., Inc., appellant.

Thomas W. Ruffin, Raleigh, for plaintiffs, appellees.


HIGGINS, Justice.

The plaintiffs' evidence disclosed the action against the Tea Company was not brought within three years from the time it accrued. The evidence established the Tea Company's plea in bar. Nonsuit was required. The appellant interposed a like plea which the court overruled. Assignment of Error No. 2 challenges this ruling.

The appellant has contended the nonsuit should have been entered upon two grounds: First, the allegations and the evidence...

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